Cancer Study Group Website Terms of Use
These Terms of Use (the “Terms”) govern your use of www.cancerstudygroup.com (the “Website”), which is owned and operated by Cancer Study Group, LLC (“CSG,” “we,” and “us”).
These terms contain a provision that generally limits the dispute resolution remedies available to you. Please see below for more information.
You may not use the Website if you do not agree to be bound by these Terms and our Privacy Policy. Further, CSG may choose to revise these Terms and/or our Privacy Policy at any time and at our discretion. Should CSG revise these Terms and/or our Privacy Policy, we will provide notification of any material changes by publishing them on the Website. You will agree to be bound by the updated version of these Terms and our Privacy Policy by continuing to use the website following the publication of such changes.
Content of Website
Informational content on the Website, excluding information concerning our products and services, is intended for general educational purposes only.
Use of Website
In your interactions with the Website, you agree to adhere to all applicable laws and to refrain from:
Seeking unauthorized access to any element of the Website, or to any other systems, networks, servers, and/or services connected to or offered through the Website;
Interfering in any way with the proper functioning of the Website;
Collecting information from the Website through automated means (e.g., scraping) without CSG’s prior, written permission;
Testing the vulnerability of the Website; or
Using viruses or malicious code to infect the Website.
Disclosure, Removal, and Other Disclaimers
CSG reserves the right to make disclosures concerning the Website and your use of the website to satisfy any legal obligation or governmental request.
We also reserve the right to remove content from the Website and to restrict access to the Website at any time and at our discretion.
CSG provides information concerning our products and services through the Website in “as is” condition—without any warranty, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.
We do not represent that the Website will function in an error-free, uninterrupted manner or that the Website is without harmful elements, such as viruses. To the extent you decide to use information from the Website, you do so at your own risk.
License to Access and Use the Website
In return for your agreement to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Website.
The website and all content contained therein are the exclusive property of us or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. CSG does not permit the copying, sale, or exploitation of any content or material contained on the Website unless prior, written permission from CSG and any other applicable copyright owner is obtained. You acquire no ownership right to the Website and/or its content by accessing the Website.
Choice of Law
By accepting these Terms, you agree that any dispute arising out of or relating to these Terms will be governed by the laws of the State of Washington, D.C., with the exception of its conflicts of law provisions.
Dispute Resolution and Class Action Waiver
With respect to any claim, controversy, or dispute arising out of or relating to the website, and to the fullest extent permitted by law, you and CSG (together, the “parties”) agree to submit exclusively to resolution by confidential, individual, and mandatory arbitration, except you may assert claims in small claims court if your claims qualify. The parties agree that the arbiter, and not a local, state, or federal court or agency, shall have the exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, inclusive of any claims that part or the entirety of this agreement is void or voidable. The parties further agree that the arbitrator shall exclusively be responsible for determining all questions of arbitrability, including issues relating to whether the terms of this agreement are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches or estoppel.
You waive, to the fullest extent permitted by law, any right you may have to arbitrate a dispute as a class action and your right to a jury trial.
For the avoidance of doubt, in arbitration there will be no judge or jury, and judicial review of an arbitration award is limited. However, arbitrators may, on an individual basis, award the same damages and relief as a court (such as injunctive and declaratory relief or statutory damages), and must follow the provisions of these terms, like a court.
Any arbitration will be held in Washington, D.C. CSG will work with you to identify a mutually convenient alternative location, should that location not be convenient. The arbitrator will resolve any disagreements concerning the location of the arbitration.
Any dispute brought before an arbitrator will be adjudicated on an individual basis and not as a class action. Should arbitration not be permitted by applicable law, the parties expressly agree that any dispute will be brought and adjudicated solely in the federal or state courts of competent jurisdiction located in Washington, D.C. the parties waive any plea or defense that such courts are not the appropriate venue or that we, the two parties, are not subject to the court’s jurisdiction.
Any arbitration will be administered by jams. Should you desire a copy of the rules of jams, you may contact the organization directly. The parties will agree on one arbitrator to conduct the arbitration. Should we be unable to decide together on an arbitrator, the arbitrator will be selected by jams rules.
To the extent either you or CSG has violated or threatened to violate the intellectual property rights of the other, the aggrieved party may bring suit seeking injunctive or other appropriate relief before any federal or state court of competent jurisdiction, notwithstanding anything to the contrary in this section.
Except as otherwise prohibited by law, you agree that any dispute must be brought before the arbitrator within one year of the date of the cause of action.
To the extent any part of this agreement to arbitrate is invalidated or held unenforceable, the remainder of the agreement to arbitrate will remain in effect.
Links
To the extent the Website contains links to websites not owned or operated by CSG (“Third Party Sites”), CSG is not responsible for the content or privacy practices of such sites. If you follow a link on the Website to a Third Party Site, you become subject to that Third Party Site’s terms of use and privacy policy, which we advise you to review.
Disclaimer Of Warranties
This website and all the content therein is offered on an “as is” basis without any warranties. To the fullest extent permitted by law, CSG disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limitation, we do not make any warranty that the information on the website is correct, accurate, or reliable; that the website will function without errors or interruption; or that issues concerning the website and/or its servers, including with respect to viruses or other harmful elements, will be addressed. You agree that you use the website at your own risk.
Limitation Of Liability
CSG, as well as its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys as well as their respective heirs, successors and assigns, shall not, under any circumstances and regardless of whether CSG had been advised of the possibility of such damages, be liable for any damages, whether direct, incidental, punitive, special, consequential, or exemplary, which directly or indirectly result from your use or inability to use the website, the content contained therein, or any information you obtain from your use of the website, including viruses or harmful elements. CSG, as well as its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys as well as their respective heirs, successors and assigns shall not share in any liability. You will bear total liability for all damages, losses, and causes of action (whether in contract, tort, or otherwise exceeding $1). To the extent that several jurisdictions prohibit the exclusion of implied warranties, some of the exclusions contained above may not apply to users in those jurisdictions.
Indemnification
You will indemnify and hold harmless CSG and any CSG-affiliated person or entity from any claims, losses, or damages—including legal fees—which may result from your violation of these Terms or use of the Website. You further agree to fully cooperate in CSG’s or any CSG-affiliated person or entity’s defense against such claims.
Privacy Policy
You acknowledge and agree that CSG may collect, use, and disclose your personal information in line with our Privacy Policy, which is incorporated by reference into these Terms.
Integration
These Terms represent the entire agreement between you and CSG as well as any CSG-affiliated person or entity with respect to your use of the Website and supersede any prior or contemporaneous oral or written agreement.
Miscellaneous
Should you enter into another agreement with CSG, including with respect to products or services described on the Website, these Terms may be supplemented by such agreement.
Further, CSG’s failure to exercise a right or provision under these Terms will not constitute a waiver of such right or provision. Should a court of competent jurisdiction judge part of these Terms invalid, you agree that the court should attempt to give full effect to our shared understanding of the provision in question and allow the remaining provisions to remain in effect.
The section headers contained in these Terms are used for readability purposes only and should not be deemed to have any legal effect.
Contact Us
Should you have questions concerning these Terms, you may contact CSG by email at inquiries@cancerstudygroup.com.